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Govt giving ’serious thought’ to legal aid concession on tribunals with point of law at stake
extract from yesterday’s hansard -
‘Legal Advice/Welfare Reform
12. Stephen Timms (East Ham) (Lab): What assessment he has made of the availability of legal advice to people on low incomes who will be affected by the Government’s proposed welfare reforms. [114728]
The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly): During the development of the legal aid reforms, the Ministry of Justice conducted detailed assessments of the availability of legal advice funded by legal aid or provided by the not-for-profit advice sector. With regard to welfare reform, the Department for Work and Pensions is developing a strategy for working with the voluntary sector, including welfare advice services, to ensure that people on low incomes have access to the support that they need to understand their rights and entitlements following the move to universal credit.
Stephen Timms: During ping-pong on the Legal Aid, Sentencing and Punishment of Offenders Bill, Ministers accepted that legal aid should still be available for an appeal to the first-tier tribunal if a point of law is at stake. How will someone establish whether a point of law is at stake, and when will the provision take effect?
Mr Djanogly: I confirm that we are giving serious thought to the issue and considering the exact scope of the concession, as well as how such work will be delivered in future, because the operational aspects are just as important. Once we have considered that in full, we will make an announcement.’
here’s a link -
This particular line of enquiry stretches back a few months, as detailed on this ilegal thread.
What’s happened to Welfare Benefits?
15 May - Jonathan Djanogly (Parliamentary Under Secretary of State (HM Courts Service and Legal Aid), Justice; Huntingdon, Conservative)
We have undertaken to explore whether we can find a way whereby someone, other than the claimant or their lawyer, certifies that a welfare benefits appeal in the First-tier Tribunal involves a point of law. There is still much work to do to determine how and in what circumstances this might be done. Although we have no current plans to consult we may seek views from and engage with interested parties where we consider it appropriate to do so.
18 June - Jonathan Djanogly (Parliamentary Under Secretary of State (HM Courts Service and Legal Aid), Justice; Huntingdon, Conservative)
The Government is still working on the details relating to legal aid for welfare benefits First-tier Tribunal cases involving points of law. We currently have no plans to consult.
25 June - Jonathan Djanogly (Parliamentary Under Secretary of State (HM Courts Service and Legal Aid), Justice; Huntingdon, Conservative)
The current tender exercise for face-to-face contracts for 2013 contracts does not include welfare benefits work. Further to the passing of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Legal Service Commission (LSC) is considering the position on welfare benefits work that remains in scope and how best to secure access to this advice. The LSC will be publishing further details on its website as soon as it is able to confirm arrangements for this work from April 2013.
26 June - Jonathan Djanogly (Parliamentary Under Secretary of State (HM Courts Service and Legal Aid), Justice; Huntingdon, Conservative)
We are giving serious thought to this issue and are considering the exact scope of the concession as well as how such work will be delivered in the future. Once we have considered in full we will make an announcement.